PEOPLE v. ARCHIBALD

Ind. No. 71701/22, Appeal No. 1919, Case No. 2022-05673.

2024 NY Slip Op 01680

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNETT ARCHIBALD, ALSO KNOWN AS BENNETT ARCHINALD, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 26, 2024.


Attorney(s) appearing for the Case

Jenay Nurse Guilford , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Paul A. Andersen of counsel), for respondent.

Before: Singh, J.P., Moulton, Friedman, Scarpulla, O'Neill Levy, JJ.


Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered December 8, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of three years, unanimously affirmed.

Defendant's purported waiver of his right to appeal was invalid. There was no discussion on the record about the rights defendant was forfeiting, or any acknowledgement...

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